Triyo Rachmadi
Abstract
The
government’s policy by implementing the COVID-19 vaccination program nationally
aims to reduce the risk of transmissioan of the Corona Virus as the cause of
the COVID-19 disease. Health workers, still do not believe that this
vaccination can effectively provide immunity. Every citizen have the right to
refuse to be vaccinated against COVID-19 by the government, including health
workers. The research question (1) how to protect the rights of heath workers
to refuse vaccination in the COVID-19 vaccination program in Kebumen
regency?(2) How does legal theory address the problem of the right to refuse
the COVID-19 vaccine?This research uses sociological or empirical non-doctrinal
methods with a qualitative descriptive approach, the research location in
Kebumen Regency with the respondent as the informant is from the bureaucracy,
two man health worker and one man head
of the health professional organization. The theory used in this research is the
theory of ethics and human rights, law, order and society theory and theory of Hegemony and Domination. The research result, information was obtained that the
right to refuse health workers to give the COVID-19 vaccine is still not
guaranteed and protected by the government. Health worker who refuse to
administer this vaccine are give sanction. The
recommendations resulting from this research are the
two parties, namely the government and health workers, have the same good
interests, so a communication and consensus is needed in the public sphere in
the form of a Communicative Rational Act which is mutually beneficial and not detrimental
to both parties.
Keywords: health workers, refuse,
rights, vaccine.
A.
Introduction
The COVID-19 pandemic that has hit Indonesia since March 2020 had a
very significant impact on all aspect of people’s lives, namely economy,
health, social and culture. Several effort, strategies and policies have been
made by the government to prevent and reduce transmission by reducing the
morbidity and mortality rates of people infected
by the COVID-19 disease. Strategic effort and policies undertaken by the
government include large and micro-scale social restrictions, socialization of
the application of protocols. Health from ‘3M’, namely washing hands, wearing masks and
maintaining distance until it is increased to ‘5M’ by adding reduced
mobility and avoiding crowds. Another government policy is to impose punitive
sanctions on people who violate health protocols with social sanction such as
cleaning the streets, singing and others. In some regions, social sanctions are added with fines. In
addition, there are government policies such as the new normal or the adoption
of new habits by implementing health protocols in all public facilities and
establishing a COVID-19 Task Force at the central and regional levels
consisting of all element of society. Of the several effort, the government’s
strategies and policies have not affected the morbidity and mortality rates for
people suffering from COVID-19. Many
hospitals and community health centers in the regions cannot accommodate
patients suffering from COVID-19 so they to add health service facilities by
building a COVID-19 emergency hospital.
From March 17, 2020 to April 2, 2021, the worldwide distribution of
COVID-19 was 128,540,982 people confirmed and 2,808,308 people dies from 223
countries.[1]
Mean while, the number of distribution in Indonesia was 1,523,179 people who
were positive, 1,361,017 people were declared cured and 41,151 people died
because of the COVID-19 disease. In Indonesia, the number of confirmed COVID-19
cases is 1,517,854 or an increase of 5,142 cases. 121.222 cases were active
cases with a decrease of 1,302 active cases (8.7%) with 1,355,578 recovered
cases or increased to 7,248 recoverd cases (88.5%), 41,054 died with an
additional 196 cases died or 2.7%. Of the 72,794 specimens examined in the
laboratory, 62,623 were suspected cases of COVID-19.[2]
Central of Java Province, is ranked third out
of 34 Provinces in Indonesia with 164,071 cases (11.3%).[3]
Based on these data, the number of COVID-19 disease transmission still exist.[4]
The alternative strategy currently taken by the taken by the government is to
implement mass COVID-19 vaccination with a target of 1.3 million health workers
and 17.4 million are essential public service officer such as soldiers of the
Indonesian National Army (TNI), members of the Indonesian National Police, Civil Service Police Unit, transportation
public servant, religious and community leaders[5].
The government’s policy by implementing the COVID-19 vaccination program
nationally aims to reduce the risk of transmission of the Corona Virus as the
cause of the COVID-19 disease in addition to health protocols. With the
vaccination, it is hoped that everyone will have immunity against the COVID-19
disease. Some people, especially health workers, still do not believe this
vaccination
can effectifely provide immunity due to the inadequate information provided by
the government regarding the contents, side effects of this vaccine production
process and the lack of acces to information provided to the public.[6]
There are seven type of
COVID-19 vaccines that will be used in Indonesia[7],
namely Sinovac, Moderna, Biofarma, Sinopharm, Pfizer, Novavax and Astrazeneca. The
six vaccines from the importing process of their original producing country to
Indonesia for inspection at the Food and Drug Supervisory Agency (BPOM) have a
very short time so that the BPOM issues Emergency Use Authorization (EUA) as a
requirement for vaccines to be given directly to the public. In addition,
vaccines used such as the Sinovax vaccine in phase III clinical trial had an
efficacy of only 65.3% compared to Turkey which had an efficacy of 91.25% .
Health workers as the first group to receive the COVID-19 vaccine do not have much
time to consider the type of vaccine to be given. The government’s target is to
give vaccination to groups of health workers only until February 2021. There is
no reason or not allowing groups of health workers to refuse vaccinations fom
the government to cause legal problems because they are deemed to violate article
93- Law Number 6 of 2018 concerning to Health Quarantine that every anyone who
obstructs the implementation of health quarantine causing a public health
emergency will be sentenced to imprisonment for a maximum of one year and or a
maximum fine of Rp. 100,000,000,- (one hundred million rupiahs).
Health worker rights, the
concern of health worker groups in the public and private sectors to exercise
their rignt to delay or refuse vaccination in the COVID-19 vaccination program
is in danger of being useless. The rights of health workers as well as the
rights of citizen in general require protection and must be respected by all
parties, especially the government. Citizens can choose not to exercise their
rights under certain circumstances. The rights to refuse to receive the
COVID-19 vaccine is the same as the right to obtain proper health services as
stated in Republic of Indonesia Law Number 36 year 2009 concerning to Health
article 5 paragraph (3) which reads: “Everyone have the right to
independently and responsibly determine the health services that are needed for
ownself.”
In addition, the Constitution Republic of Indonesia article 28 (A)
read: “Everyone has the right to live and has the right to defend his life
and life.”
In maintaining their lives and livelihoods, people have the right to
freely decide for themselves how to defend their lives and livelihoods either
by using the right to receive or reject the COVID-19 vaccination.
Data on health workers who were targeted for COVID-19 vaccination on
Kebumen Regency were 6,973 people, with 6,962 people on the first dose of
vaccination and 6,124 people on the second dose.[8]
This difference in number is due to the presence of health workers who are
known to have a comorbid medical history as an indication that they are not
allowed to receive the COVID-19 vaccine, while the rest are known to be absent
or do not come to the vaccination site at the designated health service
facility. As a consideration for research locations in
Kebumen Regency is the number of health workers who are spread evenly
throughout the Kebumen Regency. The issue of health workers refusing to provide
COVID-19 vaccination was only in Kebumen Regency, while other areas did not
experience vaccination refusals by health workers. In addition, from the socio-cultural
side, the people in Kebumen Regency are unique and different from other
regions, namely the people who like to groups and are easily invited to think
critically and rationally. Health workers who refuse to give COVID-19
vaccination in Kebumen Regency feel uneasy and worried about the sanctions that
will be given by the government such as administrative sanctions, namely the
revocation or closure of the medical worker's practice license and operational
permit for the practice. If this sanction is implemented, the source of income
for health workers will be threatened and health services to the community will
stop.
The purpose of this research is to determine the rights that must be protected
from health workers in the National COVID-19 Vaccination Program. One of these
rights is the the right to refuse to receive the COVID-19 vaccine. This is
because most health workers are very familiar with the prosedures and
production stages of vaccine production
from the clinical trial phase to the side effect caused by vaccine
administration. In addition, health workers know the effectiveness of the
vaccine in an effort to prevent the transmission of the COVID-19 disease. This
study provides a limit only to the group of health workers because the group of
health workers is the main group that become the priority target for the
implementation of vaccination. Groups of health workers are at the forefront of
handling The COVID-19 disease in health care facilities and have experienced
the impact of The COVID-19 disease themselves through complaints submitted by
patients and the public.
This research requires continuation in subsequent studies because this
research is only limited to research on the right to reject the target group of
health workers while there are still other targets for the COVID-19 vaccination
program, namely essential public service officer such as soldiers of the
Indonesian National Army (TNI), members of the Indonesian National Police,
Civil Service Police Unit, Public Transportation Service Officers, religious
and community leader. The next research is expected to describe all the rights
that must be protected from all vaccination target groups in the community. In
the previous research by Victoria H. Situmorang which
contains violations comitted against citizen who have religious freedom by
trating them in a discriminatory or discriminatory manner. In this case the
freedom to choose a religion and practice worship in accordance with one’s
religion is included in human rights. This rights to freedom is also the same
as the right of freedom for a citizen to choose to accept or reject the
provision of the COVID-19 vaccine without being discriminated against, threats
or pressure from anyone, including the government.[9]
Then in another Human Rights
Journal written by Penny Naluria Utami ‘Fulfillment of Health Services for
Female Prisoners in The Narcotics Penitentiary in Langkat’ (2020) <https;//ejournal.balitbangham.go.id>
accessed 30 March 2021[10]
which conatain conditions of health services that do not meet the standart that
must be provided to Female. Meanwhile prisoners need proper health services and
need time to consider accepting or refusing health services provided by
prisons. Prisoner’s right to refuse as citizens cannot be exercised, so they
are forced accept existing health service.
B.
Problem Formulation
Based on
this background, the following problems can be formulated:
1.
How to
protect the right of health workers to refuse vaccines in the COVID-19 Vaccination
Program in Kebumen Regency?
2.
How does
the legal theory answer the problem of the right to refuse to give the COVID-19
vaccine?
C.
Methodology
This research uses sociological or empirical non-doctrinal methods with
a qualitative descriptive approach, namely an approach that views law as a
social phenomenon that is independent of its association with law as a
normative rule. Qualitative methode are methods that focus on the general
principles that underlie the manifestation of symptom units that exist in human
life or analyze pattern of sociocultural symptom by using the culture of the
community concerned to obtain an overview of the prevailing patterns.[11]
This approach is used to find out the
process of protecting the rights of health workers in refusing to give
the COVID-19 vaccine to The National COVID-19 Vaccination Program because it
can reveal the problems that lie behind this protection process.
The data sources obtained were primary data sources and secondary data
sources. Respondents selected as informants were from the bureaucracy, namely
The Head of Health Office at Kebumen Regency and from The Chairman of Health
professional Organization is The Indonesian National Nurses Association of
Kebumen Regency was chosen, 1 (one) member of a professional organization who
refused to be vaccinated, 1 (one) member of the organization health professionals
who have been vaccinated and 1 (one) member of the organization health
professionals who have been refused vaccination. The research location is in
Kebumen Regency because the researcher lives and is domiciled in Kebumen
Regency so that they know more about the cultural, social and religious
conditions.
D.
Discussion
and Results
Based on data from the official website of the
COVID-19 Task Force of the Kebumen Regency Government, namely
covid19.kebumenkab.go.id, it is stated that the target group of health workers
who underwent vaccinatiom from January to February 2021 totaled 6,973 people
who came from several professional health workers comes from public and private
health service facilities. In the first stage of vaccination, the target of
vaccinated health workers was 6,962 people and the second stage of vaccination
was 6,124 people. From the results of the calculation, there is a difference
between the number of targets and the actual number of targeted health workers
being vaccinated, namely 11 (eleven) people in the second stage and 849 people
in the second stage or there are 838 people who have not been vaccinated. This
is due to several factors, namely
the presence of vaccination contraindications in comorbid conditions from the
target such as having a history of heart disease, hypertension, cancer, chronic
obstructive pulmonary disease, diabetes mellitus, immunological disease, having
been positive for COVID-19, other chronic disease, pregnant women, mothers
breastfeeding and over 60 years of age. In addition, there is another factor,
namely existence of refusal by not being present at the vaccination injection
site.
Based on the results of
interviews with respondent as informants, namely the
Head of Health Office Kebumen Regency, stated that The COVID-19 vaccination in
the health worker group is mandatory and is not allowed to refuse because it is
a national government program that must be supported by all parties. If there
are health workers who refuse to give
vaccines, they will be given good education so that they understand the purpose of the vaccination program by visiting
their place of residence or professional practice place. For refusal, a vaccine
refusal form will be given to be signed. For criminal sanctions for fines and
imprisonment as in Republic of Indonesia Law Number 6 year
2018 concerning to Health Quarantine, it is not the authority of the Health Office Kebumen Regency. The Health Office
of Kebumen Regency has a data system for health personnel in Kebumen Regency so that it can find out which
health workers have not been vaccinated and who have. Based on information from the Chairperson of the
Indonesia National Nurses Association (PPNI) Kebumen Regency as a part of The
Health Professional Organization in Kebumen Regency, it was stated that all
members of the health profession, especially PPNI in Kebumen Regency have one
command to make this vaccination program a success and no one refuses to be the
COVID-19 vaccine. Meanwhile, based on information from health workers who
refuse to be given the COVID-19 vaccine, it is that he deliberately did not
participate or register as a target for health workers to be vaccinated because
he had not received correct information about the contents of the COVID-19
vaccine, the production process and the side effect caused from administering
this vaccination at a later date. The central and local governments have not
provided complete information about vaccination. The target group of health
workers was only given information on invitations to attend health service facilities
for vaccination through social media and online. Health workers who refuse to
administer vaccines also know the consequences that must be received if they
are carried out, such as education, pressure to continue to be given vaccines
to the threat of fines and imprisonment. Based on information provided by
health workers who has been vaccinated, it is
stated that the right to refuse vaccination can be used by signing the refusal
form given at the third table during the implementation of the vaccination program
in health service facilities. Health care facilities at the vaccination centers provide a
special form of refusal. For health workers who refuse vaccination and are not
present or visit the health service facility where the vaccination will be
visited at their home or in their practice to be given education and asked for
information on the reason for the refusal.
The right to refuse a profision or health service
from the government is included in human rights, namely the right to freedom
and the right to self determination. Human rights in Indonesia are listed in
the Constitusion Republic of Indonesia year 1945 with amendments to it, namely
in article 27 paragraph (1), article 28, article 29 paragraph 92), article 30
paragraph (1) and article 31 paragraph (1). In Republic of Indonesia Law Number
36 year 2009 concerning to Health article 5 paragraph (3) which read: “Every
person have the right to independently and responsibly determine the health
service that are needed for himself.”
In
this case, every one have the right to choose health service for himself and
their family, including the right to refuse to get health service. In addition
to the same Law, namely Republic of Indonesia Law Number 36 year 2009
concerning to Health in the second paragraph article 56, paragraph (1) which
reads: “Every person have the right to accept or reject part or all of the
relief measure that will be given to their after receiving and understanding
the complete information regarding the action.”
Based on Republic of Indonesia Law Number 36 year
2009 concerning Health, the refusal of the provision of The COVID-19 vaccine
has been constitutionally guaranteed so that the rights of health workers who
refuse to provide the COVID-19 vaccine must be protected by th government. The
right to refuse is the same as human rights which in its use by health workers
must be respected and protected by the government. All parties, including the
government are not allowed to use the force of threats, pressure, intervention
and intimidation against health workers who refuse to administer the COVID-19
vaccine. Moreover, health workers who work for government institutions are
threatened with dishonorable dismissal and dismissal because they are deemed
not to have integrity and loyalty to the state. In the event, imposing
sanctions on health workers at government institutions for reason of refusing
to give vaccinations is contrary to the Constitution of The Republic of
Indonesia article 27 paragraph (2) which reads: “Every citizen have the
right to work and a living that is decent for humanity.”
Human rights are legal and normative consepts which
state that humans have rights that are binding on themselves. Human rights
apply at any time, in every place and to all people so that they are universal and
cannot be divided, interconnected and interdependent. In principle, human
rights cannot be revoked (inalienable) which means that no matter how bad the
traetment has beeb experienced by a person or in any condition the treatment of
a person. They will not stop being a
human because they still have these rights. The state or government is obliged
to respect, protect and fulfill human rights. Conseptually, human rights are
based on the belief that these rights are bestowed naturally by God Almighty.[12]
Human rights depart from the concept of moral
universalism and the belief in the existence of universal moral codes that are
inherent in mankind. Moral universalism locates the existence of moral truths
that are cross cultural and cross historical which are identified rationally.
In universalism, the individual is a social unit that has undeniable rights and
is directed at the fulfillment of personal interests. In the model of cultural
relativism, acommunity is a social unit. It is unknown to concepts such as
individualism, freedom of choice and equality. What is aknowledged is that
interests of the community are the top priority. All cultures have the same
right to live and dignity which must be respected. Several principles have
inspired international human rights that are found in almost all international
treaties and are applied to broader rights. These principles are the principle
of equality, prohibition of discrimination and positive obligations imposed on
every country to be used to protect certain rights. Human rights in rejecting
the provision of COVID-19 vaccination included in the right to personal freedom,
thought and conscience are regulated in Article
4 Paragraph (2) Law Number 39 Year 1999 concerning to Human Rights which read:
“The Right to life, the right not to be
tortured, the right to personal freedom, thought and conscience, the right to
religion, the right not to be enslaved, the right to be recognized as a person
and equality before the law and the right not to be prosecuted on the basis of
retroactive law are human rights human beings who cannot be reduced under any
circumstances and by anyone”. In
addition, the right to refuse COVID-19 vaccination is also regulated the sixth
part at the right to feel save article 30 Law Number 39 Year 1999 concerning to
Human Rights which read: “Everyone have the right to a sense of security and
security and protection against the
threat of fear to do or not do something”. Based on these provisions, the
right to refuse to be vaccinate by the health worker is accompanied by the
right to feel safe and the rights to be protected by all parties from threats,
pressure, intimidation or sanction due to the act of freedom to choose to
refuse vaccination.
In this condition, health workers who refuse to
give COVID-19 vaccination can be included in the second generation of
human rights, which are the right to decent work and the right to health. The rights of health workers if they refuse to give
the COVID-19 vaccine with the consequence of giving
administrative sanctions in the form of revocation of health practice permits and operational permits have an impact on the
loss of the health worker's job, which means that the
right to decent work of health workers has been violated
by the government. Likewise, the right to health of health workers who refuse
to give the COVID-19 vaccine also has the same right to health as other
citizens. The right to health that should be obtained as a
result of refusing to give the COVID-19 vaccine is
not tolerated or discriminated against. This second generation of human rights
is basically a demand for social equality or what is
called positive rights, namely that the fulfillment of these rights really requires an active role of the state. State
involvement shows a plus sign (positive).[13] To
fulfill the right to health, such as the provision of COVID-19 vaccination,
the state or government must make health policies that can protect all
people, especially health workers who either accept or
refuse COVID-19 vaccination.
The third generation
of human rights or brotherhood is represented by demands for solidarity or collective rights.[14] In
the conditions of the COVID-19 pandemic as a joint effort to prevent the transmission and spread of the COVID-19 disease in
the community, health workers have the right to work
together to provide health services to the community.
Health workers who refuse to give the COVID-19 vaccine also have the same
right to work together with other health workers to provide health
services without having to be given sanctions in the form of
revocation of the health profession's practice license or prohibition of working to serve public health. Based on interviews with health
workers who refused the COVID-19 vaccine, they have the
hope of being able to work together again with their
colleagues in dealing with the COVID-19 disease.[15]
According the Book entitled Hegel’s Ethical Thought by Allen
W. Wood,[16],
there are three philosophical principles of human rights, namely rights,
morality and ethics of life. The ethics of live relates to human in their
concrateness. Human rights and morality are abstract moments. This description
is a thruth that is appreciated when actualized in social institution including
in ethical life. These two principles are important because their unique
character represent a deeper human self-awareness than was previously available
for any pre modern culture. People and their subject are abstractions,
incomplete or one sided images of the human individual that can be overcome
only when the individual is concerned with ethical life (Sittichkeit). Hegel
identifies ethical life with an objective ethical order, an ethical substance
for certain individuals called accident.
It affirms the social primacy of the individual.
Freedom of subjectivity is a distinctive principle of modern ethical life.
Ethical life is more concrete than abstract rights and morality, not because it
emphasizes the individual but the ethical image of the individual is more concrete.
This places the individual side in the order of social life. The state as the
highest actualization of individual freedom.
Individuals are citizens of the state.[17]
Individuals are also members of the state, part of the whole family. This means
that, unlike civil society, there is differentiation or separation of
individuals who are the determinants of their fundamental relationship with
each other. Membership in this part of the country is fundamentally different
from membership in the family. Family is also ethics as an unconscious goal but
in the state the last truth is spirit, namely the universal goal of the state
and object consciousness. In the family, the social whole is not a conscious
goal, the individual’s commitment to an institution is a feeling of love for
others. Citizen serve the state as an institution with an explicit political
constitution. Citizen participation is not from direct feelings but from
rational thought. The state is the ultimate goal, unification is the content
and purpose of the state. The end of the country is the happines of the
citizen.[18]
The individual is a product of the social which
determines order. This structura reaches its highest point in the political
state because the structure of social life is consciously known and desired for
its rationality. The state refers to the existence of an entire organized
society including family life and civil society. In a narrow sense, the state
is a set of political institutions. Political conditions that shape social life
become object of human rational choice. The state as the only social
institution that can claim true independence. Modern family life economically
dependent on the life of civil society. The familiy and civil society depend on
the political state and are subordinate to it. The sovereign state does not
depend on anything. The state has the highest institutional reality of human
power on earth. The existence of large and fundamental social changes is always
followed by adjustments in the aspect of their legal life.[19]
According to
Robert B. Siedman and William J. Chambliss in their theory of law, order and
society, it is stated that the process of the operation of law is determined by
four main components, namely law-making institutions or laws, law enforcement
bureaucracy, role holders and the influence of personal and social forces. The
first three components, namely law-making institutions, law enforcement
bureaucracy and those playing roles play a role in the corridor of the law,
while personal and social forces are non-legal components. The first component, every rule of law prescribe
how a role occupant is expected to act. The second, how a role
occupant will act in respons to norm of law is function of the rules laid down,
their sanctions, the activity of enforcement institutions and the inhere
complex of social, political and other forces affecting him. The third, how the
enforcement institution will act in respons to norm of law is afunction of the
rule laid down their sanctions, the inhere complex of social, political and
other process affecting them and the feedbackfrom role occupant. The fourth,
how the law maker will act is afunctions of the rules laid down for their
behaviour their sanctions, the inhere complex of social, political, ideological
and other forces affecting them and the feedback from rule occupant and
bureaucracy. The
four propositions describe the operation of rules and laws in society.[20]
The regulations issued produce the desire results
but their effesct depends on the surrounding social forces. People do not see
legal product as merely an act of issuing regulations formally but rather than
that. The role expected by society is determined and limited by these social
forces, especially the cultural system. What is meant by role holders are all
citizens, both the community and law enforcers. In this case, regulations,
legislation, strategies and policies as legal product of the government are
influenced by other social factors and forces. The legal product referred to in
this case is The Constitution Republic of Indonesia year 1945 article 27
paragraph (2) and article 28 (A), Republic of Indonesia Law Number 36 year 2009
concerning to Health article 5 paragraph (3) and article 56, paragraph (1), article
4 and 30 Law Number 39 year 1999 concerning to Human Rights and Regulation of
The Minister of Health of the Republic of Indonesia Number 10 year 2021 about the
Implementation of Vaccinations in Context of the Corona Virus Disease 2019
(COVID-19) Pandemic. The factors that influence the legal product are the
understanding of the community related to social, cultural and product are the
understanding of the community related to social, cultural and religious
aspects as well as acces to information provided by the government and
technical instructions for derivatives of these legal products.
The regulation released contain expectation that
sholud be implemented by legal subject as role holder. The working of these
expectations is determined by several factors. The factors that determine the
response given by stkeholders include the law itself, the sanctions contained
there in:activities of law enforcement agencies and all social, political and
other forces. These changes were caused by reactions generated by stakeholders
against legislators and the bureaucracy. On the other hand, the bureaucratic
component also provides feedback to legislators and the stakeholders. In the
practice of law enforcement, sometimes there is a conflict between legal
certainly and justice. This is because the concept of justice is abstract whereas
legal certainly is a normative procedure. In essence, a lawenforcement policy
includes law enforcement and peace maintenance because law enforcement is a
process of harmonizing the norm values and real behaviour pattern that aim to
achieve peace. Legal certainty and justice in the COVID-19 National Vaccination
Program aims to provide protection to all Indonesian citizens as stated in the
Preamble to the Constitution Republic of Indonesia year 1945 that the state’s
goal is to protect all Indonesia’s blood. In justice, this requires
consideration of the freedom of citizens, namely using the rights of citizens
to decide for themselves to refuse gifts from the government or the state,
namely refusing to receive the COVID-19 vaccine.
Law has elements, namely statutory law, treaty law,
juridical law, customary law and doctrinal law.[21]
Ideally, these legal elements should not conflict with each other, either
vertically or horizontally between one statutory and another. There is
synchronization between other laws and the constitution above it. In relation to the rights of
health workers to refuse COVID-19 vaccination, it has been regulated in the
Constitution Republic of Indonesia year 1945 article 27 paragraph (2) and
article 28 (A), Law Number 36 year 2009 concerning to Health article 5,
paragraph (3) and article 56, paragraph (1) and Law
Number 39 Year 1999 concerning to Human Rights article 4 and at the right to
feel save article 30. In this case, the right to refuse the provision of
the COVID-19 vaccine has received constitutional
protection from the state but is contrary to article 93 Law Number 6 year 2018
concerning to Health Quarantine and Presidential Regulation of the
Republic of Indonesia Number 14 year 2021 of Amandments to Presidential Regulation
Number 99 year 2020 of the Procurement of Vaccines and Implementation of
Vaccinations in the Context of Overcoming
the Pandemic Corona Virus Disease 2019 (COVID-19) article 13A paragraph 4 and 5.
These legal elements are not ideal because there are still conflict between one
statutory with others. The language used in the law must also be clear, simple
and precise because the content is a message to the people affected by the law.
The language used does not contain multiple interpretations as in the two laws
and regulations, namely Law Number 36 year 2009 concerning to Health, article
56, paragraph (1) and article 93 Law Number 6 year 2018 concerning to Health
Quarantine.
On the legal factor, in this case is the
Constitution Republic of Indonesia year 1945 article 27 paragraph (2) and
article 28 (A), Republic of Indonesia Law Number 36 year 2009 concerning to Health
article 5 paragraph (3) and article 56, paragraph (1), article 4 and 30 Law Number
39 year 1999 concerning to Human Rights. Meanwhile, the implementation of
COVID-19 vaccination uses Regulation of the Minister of Health of the Republic
of Indonesia Number 10 year 2021 about Implementation of Vaccination in the
Context of Combating Corona Virus 2019 Disease Pandemic (COVID-19). Based
on the results of interviews with respondent as
informants, namely the Head of Health Office Kebumen Regency, the Kebumen District
Health Office carries out tasks in accordance with regulations and laws by
providing sanctions and warnings to health workers who refuse to provide
COVID-19 vaccination. Based on
information from the Chairperson of the Indonesia National Nurses Association
(PPNI) Kebumen Regency, health
professional organizations will always support government programs so that no
health worker refuses to be vaccinated. Based on information from health workers who refuse to be given the
COVID-19 vaccine, health workers who refuse to administer vaccines also know the
consequences that must be received if they are carried out, such as education,
pressure to continue to be given vaccines to the threat of fines and
imprisonment.[22]
Based on the interview, the role holders have not fully carried out the
orders from the law, both from the Kebumen District Health Office, law
enforcers and the government that have not guaranteed the rights of health
workers.
In the role occupant factor, the
parties who form and implement the law in the implementation of COVID-19
vaccination are local government officials and health workers in health service
facilities assisted by The Indonesian national Army (TNI), The Indonesian National
Police and The COVID-19 Task Force at the central and regional levels. Health
workers who refuse to give the COVID-19 vaccine are only given education by
fellow health workers, sign the refusal form and report it to their superiors
or leadership of the health worker. Based on the results of interviews with
respondent as
informants, namely the Head of Health Office Kebumen Regency and the
Chairperson of PPNI, the authority to impose
sanctions and punishments is the law enforcement apparatus, the health office
of Kebumen district only gives warnings and education. [23]
The duties, mains and functions of each law
enforcing apparatus in supervising and providing sanctions for health workers
who refuse to administer vaccinations are inadequate due to the unclear laws
and regulations being used. Based interview with the Head of Health Office Kebumen Regency and the Chairperson of the Indonesia National Nurses Association (PPNI)
Kebumen Regency, The head
of health service facility or the direct supervisor of the health worker is not
authorized to impose criminal sanctions or fines but exert pressure by imposing
administrative sanctions only.[24]
Even those administrtaive sanctions are contrary to human rights, the
Constitution Republic of Indonesia year 1945 and Republic of Indonesia Law Number
36 year 2009 concerning Health.
In the supporting facility or facility factor, this
factor includes software and hardware. An example of software is health.
Hardware is a physical facility that functions as a suppoting factor in law
enforcement.[25]
Examples of hardware are the COVID-19 vaccine, medical device, health service
facilities that support effort to work the law. Supporting facilities such as a
system for recording and reporting targets for COVID_19 vaccination and a
health human resource information system. Regulation of The Minister of Health of
the Republic of Indonesia Number 10 year 2021 concerning to Implementation of
Vaccination in the Context of The Corona Virus 2019 (COVID-19) Disease Pandemic
is a software. Based interview with the Head of Health Office Kebumen Regency, the implementation of the COVID-19 vaccination was carried out in 35
public health centers and two government-owned hospitals. The Kebumen District government has provided a number of COVID-19
vaccines, namely Sinovax doses 1 and 2 for a number of targeted health workers
in Kebumen Regency with logistics distribution to the vaccination site escorted
by elements of the Indonesian Republic Police and the Indonesian National Army.[26]
In the societal factor, law enforcement comes from
society which aims to achieve peace in society. The public have legal
awareness. The community problem regarding law is the degree of legal
compliance, namely high, moderate or insuffiicient legal compliance. This is an
indicator of the functioning of the law. The attitude of the public, especially
those of health workers who do not get good information from the government and
are not given the opportunity to acces information about the COVID-19 vaccine
is one of the factor inhibitting the operation of the law. In the rights of
health workers who refuse to given the COVID-19 vaccine, they should receive
protection and be given the freedom to choose according to their own decisions.
Based on information from health workers as part of the community, groups
of health workers do not get good information from the government about the
COVID-19 vaccine, concerns about side effects and the impact it causes.
Concerns also arise in the imposition of sanctions for revocation of practice
permits and operating permits for practice places if health workers refuse to
administer the COVID-19 vaccine.[27]
In cultural factors, culture has a very large
function for human and society, namely regulating humans in acting, acting and
determining their attitudes when dealing with other people.[28]
Culture is the main line of behaviour that establishes rules regarding what
should be done and what is prohibited. Cultural factors in society are also an
obstacle to the operation of this law. Javanese culture in Kebumen Regency is
very dominant. In determining and choosing a decision very carefully and detail.
In refusing a gift from another person, Javanese people will say it gently,
politely, ethically and not to offend others. The javanese culture teaches
people who refuse to provide the COVID-19 vaccine prefer not to attend or visit
the COVID-19 vaccination service facilities. Based on information from health workers who refuse to be given the
COVID-19 vaccine, health workers who refuse vaccination are silent and are not present to
the injection site. Meanwhile, health workers who are present will sign a
vaccination refusal form and are willing to accept the consequences, but there
are health workers who are present and have to be vaccinated because they are
afraid and feel insecure.[29]
From interviews with several respondents, it can be used as the basis for this
research in assesing the protection of the rights of health workers in refusing
to give the COVID-19 vaccine to The National COVID-19 Vaccination program in
Kebumen Regency. Based on this interview, it can be assesed that the right of
health workers to refuse the provision of the COVID-19 vaccine in Kebumen
Regency is not guaranteed.
Hegemoni
and Domination Theory
The state with the power it has and citizens with
the rights it has are two sides with different interest. In handling and
preventing the transmission of the COVID-19 disease, the government is trying
to implement The National COVID-19 Vaccination Program for the community. Some
citizen, especially those targeted by health workers also have the right to
freedom of choice, namely the right to refuse to aminister the COVID-19
vaccine. The middle way to reach an agreement is to communicate. Two parties
with different interst in aproblem can be resolved with the concept of Hegemony and Domination Theory offered by Antonio
Gramscie.[30]
In this theory, the state or government will play an active role in making
compromises to avoid a conflict in society. Gramsci admits that hegemonic rule
(or the extraordinary domination of hegemony over domination as a form of
political control) is a "normal" form of government. Hegemony is the
ideal belief of community groups that will create changes to encourage the
government to take force and consent strategy steps. The ideal belief of the
community is that health workers who have human rights like other Indonesian
citizens in refusing to give COVID-19 vaccination to be protected and respected
and given a sense of security free from pressure. Meanwhile, the hegemony of
the government is to protect citizens from the spread and transmission of the
COVID-19 disease with one of the strategic efforts, namely providing a COVID-19
vaccination program to the community through political, economic, social and
cultural aspects. In this hegemony phase, the government seeks to activate
hardware and software tools. The government's hard work tool is a tool that has
the ability to force and nuance law enforcement, namely by issuing several laws
and regulations to regulate the community in preventing the transmission of the
COVID-19 disease.
Meanwhile, government software
works by persuading the public to comply with government health regulations and
protocols through religious life, education, arts and family life. In the
hegemony of the political class it means that the class has succeeded in
persuading other social classes to accept the cultural, political and moral
values of that class. Hegemony is a type of intellectual and moral
leadership. Consensus that includes several types of intellectual or emotional
acceptance of the existing social and political order.[31]
Hegemony as a direction towards the struggle to arrive at a consciousness that
is not only based on economic needs but is coherent in economic, political,
social and cultural conceptions. In the conditions of the COVID-19 pandemic,
especially in the COVID-19 vaccination program, the hegemony stage has entered
a period of decadent hegemony or decadent hegemony, namely a system that has
reached the target but the mass mentality is not really in line with dominant
thinking because there are still groups of people who reject it. giving
COVID-19 vaccination. The government as an integral state is a complex
combination of domination and hegemony or the whole complex of practical and
theoretical activities with the ruling class not only justifying and
maintaining its dominance but also trying to win active approval from the
people under control. The state is the coercive apparatus of the government as
well as the hegemonic apparatus of private institutions consisting of political
society and civil society or hegemonic domination. The government or the state
represented by the ranking class as a minority component in controlling society
requires a power bloc by maintaining alliances with other groups. They made
compromises according to what their alliance wanted. Society as proletariat has
a dual awareness, namely ideas influenced by the government and their life
experiences. In this condition, there are always hegemonic groups to conquer hegemony
over themselves, so it is necessary to counter hegemony pioneered by organic
intellectuals. The consensus between the government and community groups in
administering the COVID-19 vaccine requires the role of intellectuals which
according to Antonio Gramscie: all men are intellectual, one could therefore
say, but not all men in society have the function of intellectual.[32]Gramsci
suggested, "democracy between the ruling group and the ruled group exists
as far as economic development, and therefore the law which states it is
development, opens channels for the governed to enter the ruling group. In this
condition, a central mediation between the structure and the superstructure is
needed, the intellectuals are not defined in terms of personal specificity but
functionally and in concrete institutional arrangements that connect them with
the entire hegemonic apparatus of the state.
E.
Conclusion
Every citizen has rights
that can be used at any time. Every citizen also cannot take their rights. The
freedom of citizen to choose to take or not to take their rights. The freedom
of citizen to choose to take or not to take their rights should be protected by
the government. The freedom to make a decision not to take one’s rights is
include in human rights, namely the right to freedom of self-determination and the right to freedom of self-decision making, including the right to refuse to
administer the COVID-19 vaccine. Health workers who have well understand and knowledge in the field of health,
medicine and care are familiar with information about vaccination from the
production process, distribution, licensing and clinical trials to the side effect resulting from
the provision of the COVID-19 vaccine. Health worker’s understanding of the
science and knowledge of the COVID-19 vaccine and the lack of information and
access to information provided by
the government has resulted in group of health workers having the right to
consider and make decisions to reject the provision of the COVID-19 vaccine. The right of health workers to
refuse the provision of the COVID-19 vaccine have been guaranteed by the
constitution, but still not guaranteed and protected by the
government, namely the Constitution of the Republic of Indonesia year
1945 article 27, paragraph (2) and article 28 (A), Law Number
36 year 2009 concerning to Health article 5, paragraph (3) and
article 56, paragraph (1) and article 4 paragraph (2) with article 4 and 30 Law Number
39 year 1999 concerning to Human Rights. The regional government, in this case the Kebumen Regency Government through the
institutions under it, does not have the authority to impose criminal
sanctions, fines, coerce, threaten or intimidate these health workers for
refusing to provide the COVID-19 vaccine. Regulation of the Minister of Health of the
Republic of Indonesia Number 10 year 2021 concerning
to the Implementation of
Vaccination in the Context of the Corona Virus 2019
(COVID-19) Disease Pandemic becomes ineffective in the operation of the law due
to legal factors, law enforcement, infrastructure, sanctions, society and
culture that hinder it in the operation of the law, application of law in
society. The rights of health workers to refuse to give the
COVID-19 vaccine are also of the factors that hinder the functioning of this Regulation
of the Minister of Health of the
Republic of Indonesia Number 10 year 2021. In Hegel’s
Theory, the form of protection for the right to refuse health workers from the
provision of the COVID-19 vaccine by the government or the state is a rational
and actual action and vice versa if the government or state does not guarantee
the freedom of the right to refuse citizens to the provision of the COVID-19
vaccine, it becomes a policy that cannot rational and actual, so it is not
called a state. Among the conflict between the government and health workers who refuse vaccination, compromises and consensus are needed by using the Hegemonic Domination
Theory initiated by Antonio Gramsci. Vaccination of COVID-19 is a
government effort that aims to reduce transmission due to the COVID-19 disease
and protect all spilled Indonesian blood as stated in the country’s objectives
in the Preamble to the Constitution Republic of
Indonesia year 1945, while the refusal of health workers to provide the
COVID-19 vaccine as a form Human Rights to freedom of choice and self-determination which must also be protected and
respected by all parties, including the government. From this study, the
authors hope that there will be a continuation of the next research related to
the provision of COVID-19 vaccination because there are still other vaccination
group targets such as the elderly and others.
Acknowledgement
In this study, the authors
would like to thank the Head of Health Office Kebumen Regency, Mr. dr. H.A. Dwi Budi Satrio, M.Kes,
who have given permission to the author to study, the Chairperson of The Health
Professional Organization in Kebumen Regency and all his fellow health workers
in Kebumen Regency who has helped the author provide
information and on the research and writing process. Second, the author would
like to thank the Director of Polytechnic Dharma Patria Kebumen, Mr, Ari
Waluyo, S.ST., M.M., who has provided the opportunity
for writers to teach, research and develop knowledge at the Polytechnic Dharma
Patria Kebumen campus, this opportunity is very useful for writers, in making
this research. Third, the authors would like to thank friend, teachers and
author inspirations as well as senior lawyers in Kebumen Regency, namely Mr. Dr. Teguh Purnomo, S.H., M.Hum.,
M.Kn., who has provided criticism, input
and suggestion on each of writer’s concepts, ideas and recommendation to this
research can be finished properly.
References
Allen W. Wood, Hegel’s
Ethical Thought, (first published Cambridge University Press, Cambridge 1990)
Amri Amir, Bunga Rampai Hukum Kesehatan (published Widya Medika 1997)
Bagir Manan, Kuntana Magar, Beberapa Masalah Hukum Tata
Negara Indonesia
(published 1997)
Esmi Warassih, Pranata Hukum Sebuah Telaah Sosiologis, (second published Badan Penerbit Universitas Diponegoro Semarang 2011)
Fred Amelin, Kapita Selekta Hukum
Kedokteran
(published Grafikatama Jaya, Jakarta 1991)
Heidegger, Martin, Hegel’s
Phenomenology Spirit in Parvis Emad and Kenneth Maly (eds), (first
published Indiana University Press, Indianapolis, USA 1980)
I
Nengah Suantra,
Ilmu Negara (published Uwais Inspirasi
Indonesia, Denpasar 2017)
Ishaq, Dasar-Dasar Ilmu Hukum, (second published Sinar Grafika Jakarta 2009)
Juergen Habermas, The Theory of Communicative Action,
Lifeworld and System: A Critique of Fungsionalist Reason (published Boston,
Beacon Press 1985)
Joko Widodo, “Good Governance”: Telaah Dari Dimensi
Akuntabilitas dan Kontrol Birokrasi Pada Era Desentralisasi dan Otonomi Daerah (published Insan Cendekia,
Surabaya 2001)
Michael Baur, G.W.F
Hegel Key Concept (first published Routledge Taylor and Franch Groups,
London and New York 2015)
Nasrul Effendi, Dasar-Dasar Keperawatan Kesehatan Masyarakat (2nd edn, Penerbit Buku Kedokteran
EGC Jakarta 1997)
Philip
Alston dan
Franz Magnis Suseno, Hukum
Hak Asasi Manusia,
(published Pusat
Studi Hak Asasi Manusia Universitas Islam Indonesia, Yogyakarta 2008)
Roberts B. Pippin and Otfried Hoffe (eds), Hegel on Ethics and Politic, (published Cambridge University Press 2004)
Soekidjo Notoatmojo, Etika dan Hukum Kesehatan (published Rineka Cipta, Jakarta 2010)
Satjipto Rahardjo, Hukum
dan Masyarakat (published Angkasa, Bandung 1986)
Sulistyo Santoso, Epistomologi Kiri, (published ar-Ruzz Yogyakarta 2003)
Thomas Pogge and John Rawls, His Life and Theory of Justice, (published Oxford University
Press, USA 2007)
Walter
L. Adamson, Hegemony and Revolution, a
study of Antonio Gramsci’s Political and Cultural Theory (third published, University
of California Press, Berkeley, Los Angeles, London, 1980)
Base Constitution of 1945.
Law No. 4 of 1984 on Infectious Disease Outbreaks
Law No. 39 of 1999 on Human Rights
Law No. 6 of 2018 on Health
Quarantine.
Law No. 36 of 2014 on Health Workers
Law No. 36 of 2009 on Health
Law No. 24
of
2007 on Disaster Management
Government Regulation No. 40 of 1991 on
Prevention on Communicable Disease Outbreaks.
Government Regulation No. 21 of 2020 on
Large-scale Social Restrictions in The Context of Accelerating The Handling of
Corona Virus Disease 2019 (COVID-19)
Government Regulation No.
23 of
2020 on Implementation of The National Economic Recovery Program in Support of
State Financial Policy for Handling The Corona Virus Disease 2019 (COVID-19)
Pandemic and/ or Facing Threats That Endanger The National Economy and/ or
Financial System Stability and Save The national Economy.
Presidential Regulation of The Republic of Indonesia No. 14 of 2021 on
Amandments to Presidential Regulation No. 99 of 2020 on The Procurement of
Vaccines and Implementation of Vaccinations in The Context of Overcoming The
Pandemic Corona Virus Disease 2019 (COVID-19)
Presidential Decree No. 7 of 2020 on Task Force for The Acceleration of
Handling Corona Virus Disease 2019 (COVID-19).
Presidential Decree No. 11 of 2020 on Determination of the Corona Virus
Disease 2019 (COVID-19) Public Health Emergency
Presidential Decree No. 12 of 2020 on Determination of Non-Natural Disaster
of Corona Virus Disease 2019 (COVID-19) as a National Disaster.
Regulation of The Minister of Health No. 10 of 2021 on Vaccination in The Context of The Corona Virus disease
2019 (COVID-19) Pandemic.
Regulation of The Minister of Health No. 1501/MENKES/PER/X/2010
date October, 12, 2010 on Certain Types of Infectious Disease That Can Cause Outbreaks and Effort
to Control Them.
Decree of the Minister of Health of the
Republic of Indonesia No. 12757 of 2020 on Setting Targets for Corona Virus
Disease 2019 9COVID-19) Vaccination
Decree of the Minister of health of the Republic of Indonesia No. 12758 of
2020 on Determination of Vaccines for the Implementation of the Corona Virus
Disease 2019 (COVID-19) Disease, 28 December 2020
Penny Naluria Utami, ‘Fulfillment of Health Services for Female
Prisoners in The Narcotics Penitentiary in Langkat’ (2020) <https;//ejournal.balitbangham.go.id>
accessed 30 March 2021
Victoria H.
Situmorang, ‘Religious
Freedom as Part of Human Rights’ (2019) <https;//ejournal.balitbangham.go.id>
accessed 30 March 2021
Commitee
for Handling COVID and National Economic Recovery, Data on the Distribution and
Situation of the COVID-19 Virus in Indonesia <https://covid19.go.id.>
accessed 2 April 2021, 07.00 p.m.
Kebumen
Tanggap COVID, www.corona.kebumenkab.go.id accessed 2 April 2021, 08.00 p.m.
Vidya Pinandhita,
Balitbangkes, COVID-19 Vaccination Spokesperson, Ministry of Health Republic of
Indonesia, dr. Siti Nadia Tarmizi ‘People who still do not believe COVID-19 is
Blocking The Vaccination Program’(health.detik.com, 24 March 2021, 08.32) <www.health.detik.com/beritadetikhealth/detailartikel>
accesed 17 April 2021. Fahrur Rozi, Lembaga Survei Indonesia
(LSI) ‘Public Distrust of COVID-19 is 42.4%’ (m.liputan6.com., 22 Pebruary
2021, 20.12) www.m.liputan6.com/news/nasional,
accessed 17 April 2021.
[1] Commitee for Handling COVID and National Economic Recovery, Data on the Distribution and Situation of the COVID-19 Virus in Indonesia <https://covid19.go.id.> accessed 2 April 2021.
[2]ibid
[3] op.cit
[4] loc.cit
[5] Decree of the Minister of Health of the Republic of Indonesia No. 12757 of 2020 on Setting Targets for Corona Virus Disease 2019 (COVID-19) Vaccination
[6]Vidya
Pinandhita, Balitbangkes, COVID-19 Vaccination Spokesperson, Ministry of Health
Republic of Indonesia, dr. Siti Nadia Tarmizi ‘People who still do not believe
COVID-19 is Blocking The Vaccination Program’(health.detik.com, 24 March 2021,
08.32) <www.health.detik.com/beritadetikhealth/detailartikel>
accesed 17 April 2021.
Fahrur Rozi, Lembaga Survei Indonesia (LSI) ‘Public Distrust of COVID-19 is 42.4%’ (m.liputan6.com., 22 Pebruary 2021, 20.12) www.m.liputan6.com/news/nasional, accessed 17 April 2021.
[7] Decree of the Minister of health of the Republic of Indonesia No. 12758 of 2020 on Determination of Vaccines for the Implementation of the Corona Virus Disease 2019 (COVID-19) Disease, 28 December 2020
[8] Kebumen Tanggap COVID, <www.corona.kebumenkab.go.id> accessed 2 April 2021.
[9] Victoria H. Situmorang, ‘Religious Freedom as Part of Human Rights’ (2019) <https://ejournal.balitbangham.go.id> accessed 30 March 2021
[10] Penny Naluria Utami, ‘Fulfillment of Health Services for Female Prisoners in The Narcotics Penitentiary in Langkat’ (2020) <https://ejournal.balitbangham.go.id> accessed 30 March 2021
[11] I
Nengah Suantra, Ilmu
Negara (published Uwais
Inspirasi Indonesia, Denpasar 2017) 66
[12]
Philip Alston dan Franz Magnis Suseno, Hukum Hak Asasi Manusia, (Pusat
Studi Hak Asasi Manusia, Universitas Islam Indonesia, Yogyakarta 2008) 11.
[13] ibid, 15
[14] op.cit, 16
[15] Based interview with health workers who refuse to be given the COVID-19 vaccine
[16] Allen W. Wood, Hegel’s Ethical Thought, (first published Cambridge University Press, Cambridge 1990) 23-26
[17] Allen W. Wood, Hegel’s Ethical Thought, (first published Cambridge University Press, Cambridge 1990) 26, 237
[18] Michael Baur, G.W.F Hegel Key Concept
(first published Routledge Taylor and Franch Groups, London and New York 2015)
65
[19] Heidegger, Martin, Hegel’s
Phenomenology Spirit in Parvis Emad and Kenneth Maly (eds), (first
published Indiana University Press, Indianapolis, USA 1980) 195
[20] Roberts B. Pippin and Otfried Hoffe (eds), Hegel on Ethics and Politic, (published Cambridge University Press 2004), 11
[21] Ishaq, Dasar-Dasar Ilmu Hukum, (second edition, Sinar Grafika Jakarta 2009) 245.
[22] Based interview with the Head of Health Office Kebumen Regency, the Chairperson of the Indonesia National Nurses Association (PPNI) Kebumen Regency and health workers who refuse to be given the COVID-19 vaccine
[23] ibid
[24] Presidential Regulation of The Republic of Indonesia Number 14 year 2021 of Amandments to Presidential Regulation Number 99 year 2020 of the Procurement of Vaccines and Implementation of Vaccinations in the Context of Overcoming the Pandemic Corona Virus Disease 2019 (COVID-19) article 13A paragraph 4 and 5
[25] Soekidjo Notoatmojo, Etika dan Hukum Kesehatan (published Rineka Cipta, Jakarta 2010) 95
[26] Based interview with the Head of Health Office Kebumen Regency
[27] Based interview with healt workers who refuse to be given the COVID-19 vaccine
[28] Satjipto Rahardjo, Hukum dan Masyarakat (published Angkasa, Bandung 1986) 88
[29] ibid
[30] Walter L. Adamson, Hegemony and Revolution, a study of
Antonio Gramsci’s Political and Cultural Theory (third published, University
of California Press, Berkeley, Los Angeles, London, 1980),175.
[31] Sulistyo Santoso, Epistomologi Kiri, (published ar-Ruzz Yogyakarta 2003) 89
[32] ibid, 176
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